Criminal Procedure Code, 1973
Section 439 read with Section 167 (2) & 482—Bail—Case registered under PML Act—Petitioner was a chartered accountant of co-accused—Case of the ED is that petitioner was instrumental in projecting the tainted money as untainted money—Apparent role of petitioner is filing of the ITR—At the stage of consideration of the bail even under PMLA the court has only to see the preponderance of probability—Court at this stage is not required to record the positive finding of acquittal—Such finding can be recorded only after recording and appreciation of the evidence by the trial court—Case of petitioner that co-accused is shifting his blame on the petitioner only to save himself has to be tested during the course of the trial—Generally speaking, the professional would act on the instructions of his client—However, whether he has gone beyond his professional duty is something which is required to be seen and examined during the trial—Allegation against petitioner is not that he has done something which was beyond his scope of profession i.e. indulging in some activities which are totally unconnected with the chartered accountancy—Plea of petitioner that he has acted on the basis of information and record provided to him cannot be rejected outrightly at this stage—Matter required to be tested during the course of trial—Any further appreciation of evidence at this stage may prejudice the case and therefore is not expected—Stage of bail cannot convert into a mini trial—Court has only to take a prima facie view on the basis of the material on record—Petitioner is admitted to bail—Application allowed.
[Paras 25 to 27]